Case law

Edgewood Independent School District v. Meno

917 S.W.2d 717 · Texas Supreme Court · Mar 2, 1995

There is clearly some tension between school districts’ interest in retaining locally-generated funds and the Legislature’s interest in fulfilling its constitutional duty to establish an efficient system of public schools … GOAL E: Qualified and effective personnel will be attracted and retained. Adequate and competitive compensation commensurate with responsibilities will be ensured.

International Union of Operating Engineers, Local No. 564 v. Cox

148 Tex. 42 · Texas Supreme Court · Mar 23, 1949

The laundry supplies linens to the Dow Chemical Company Hospital and does laundry work for numerous business establishments in and near Velasco. … R. 1200, it was held that picketing may be enjoined when it is “enmeshed with contemporaneously violent conduct”; but in the course *51 of the opinion the court stated that it was not qualifying, but reaffirming, the Thornhill

Ramirez v. Smith

94 Tex. 184 · Texas Supreme Court · Nov 22, 1900

During the same year Lucia, the widow of Lino Ramirez, qualified as survivor, inventorying the land in controversy as part of the community estate, and she and Antonio formed a partnership for carrying on the stock business … Haynes owned that grant, and it clearly appears from matters in the record outside of the judgment, and was virtually conceded in the trial below, that such grant included all the land claimed under it.

Carr v. Radkey

8 Tex. Sup. Ct. J. 536 · Texas Supreme Court · Jul 28, 1965

Brown who operated the rest home, as well as some others, gave testimony which would clearly support a jury finding that Miss Hewlett did not have testamentary capacity at the time she wrote the instrument. … After being so qualified, Dr. Hoerster was asked a hypothetical question.

Shriner's Hospital for Crippled Children of Texas v. Stahl

24 Tex. Sup. Ct. J. 146 · Texas Supreme Court · Dec 31, 1980

Well established rules of construction militate against partial intestacy as to the note. … In the absence of qualifying words used by the testatrix, the use of the terms “rest and residue” of the estate will be presumed to have been used in the normal and usual sense. Sinnot v.

Doubleday & Co., Inc. v. Rogers

27 Tex. Sup. Ct. J. 494 · Texas Supreme Court · Jul 11, 1984

The rule announced was clearly intended to apply to the unique situation created by the statutory bar to recovery of actual damages from an employer covered by worker's compensation. … Failure to investigate does not establish malice. Id. at 733 , 88 S.Ct. at 1326 .

House v. Houston Waterworks Company

28 L.R.A. 532 · Texas Supreme Court · May 13, 1895

It must first be established that the duty is to the individual, before the rule is applicable. … The relations of parties to this suit, and their legal rights, could not be more accurately or clearly expressed than by the quotation of this language.

in Re Alice M. Puig in Her Individual Capacity and in Her Capacity as the Independent Administratrix of the Estate of Alicia Prieto Puig, and Charles B. Puig

Texas Supreme Court · Jul 1, 2011

Section 5A( a) of the Probate Code provides a non-exclusive list of matters qualifying as “appertaining to” and “incident to” an estate administered in a statutory county court, including: “all actions for trial of title … Because the administration of Alicia’s estate was initiated well before the real parties filed their Webb County lawsuit, the Fort Bend county court clearly attained dominant jurisdiction over Alicia’s estate and all matters

Cash America International Inc. v. Bennett

43 Tex. Sup. Ct. J. 1047 · Texas Supreme Court · Jul 6, 2000

This language does not indicate clearly or plainly that the Legislature intended to replace a pledgor's common-law remedies with the exclusive remedy of a like-kind replacement. … And the Commissioner is no more qualified to make that determination than a trial court or a jury. Moreover, uniformity of ruling in this area is not essential to comply with the Act's purposes.

American National Insurance v. Denke

128 Tex. 229 · Texas Supreme Court · Jun 17, 1936

agency, and I agree that out of any salary that may become due me the company shall first reimburse itself for any cost it may incur in furnishing me with a certificate of authority, license or other expense necessary to qualify … It demonstrates clearly how the doctrine here announced as applicable to salesmen and insurance agents has developed as a departure from the rigid rule applicable in cases of master and servant.

Snyder v. Baird Independent School District

102 Tex. 4 · Texas Supreme Court · Jun 17, 1908

In the first section of that Act this language occurs: “Be it enacted by the Legislature of the State of Texas that there is hereby created and established in Callahan County, Texas, an incorporation for free school purposes … This clearly distinguishes “incorporated cities and towns which constitute independent school districts” from other school districts.

Ford Motor Company v. Ezequiel Castillo

Texas Supreme Court · Apr 3, 2009

The trial court clearly understood Ford’s request and just as clearly refused to grant it: the court told Ford that it refused to disturb the jurors and offered Ford nothing more than encouragement in conducting an informal … Like any other breach of contract claim, a claim for breach of settlement agreement is subject to the established procedures of pleading and proof. Mantas v.

Sutherland v. Spencer

55 Tex. Sup. Ct. J. 1057 · Texas Supreme Court · Jun 29, 2012

This was clearly a mistake on my part; I now understand that a default judgment was entered because an answer- to the suit was not filed within the time allowed. … These actions do not negate conscious indifference — they establish it.

Guideone Elite Insurance Co. v. Fielder Road Baptist Church

49 Tex. Sup. Ct. J. 877 · Texas Supreme Court · Jun 30, 2006

Fielder Road, as a religious organization, is granted special privileges and immunities by society and is in a special fiduciary relationship with Plaintiff. … But that is clearly not Doe's only claim. She claims that the Church knew or should have known of Evans' sexual misconduct from "approximately early 1992 to 1994" and should have warned her and her family.

EX PARTE E.H. v. the State of Texas

Texas Supreme Court · May 15, 2020

We agree with both courts that E.H. qualifies for expunction, but we disagree with the court of appeals’ conclusion that the facial-error requirement is jurisdictional. … An appellant who satisfies the first three requirements establishes the court’s jurisdiction and must then establish error from the face of the record to prevail in the restricted appeal.

Schneider v. Lipscomb County National Farm Loan Ass'n

146 Tex. 66 · Texas Supreme Court · Jun 25, 1947

The rule is well established that a cause of action for breach of a covenant of general warranty does not arise until there has been an eviction. … As is concisely and clearly stated by Judge Williams in Pohle v. Robertson, 102 Texas 274, 277 , 115 S.

Galveston & Western Railway Co. v. City of Galveston

90 Tex. 398 · Texas Supreme Court · Feb 15, 1897

But this language is qualified in a subsequent part of the opinion by saying that the city may prescribe any lawful and proper terms. … In all other respects, the powers of such companies are clearly defined and their duties and liabilities prescribed by the act under which they-are incorporated.

State v. Carpenter

126 Tex. 604 · Texas Supreme Court · Jan 8, 1936

The reason for this conclusion will clearly appear from the discussion which follows. 3 We are of the opinion that the proper rule for ascertaining the measure of damage to the remainder of a tract of land where a part only … Of course, such instructions may become necessary at times for the purpose of attempting to withdraw or qualify testimony which has been inadvertently admitted or admitted for a limited purpose.

Railroad Commission v. Metro Bus Lines, Inc.

144 Tex. 420 · Texas Supreme Court · Dec 5, 1945

The decision made in the Shupee case has never been overruled and we have found no decision of this Court that criticizes or undertakes to qualify it. It was discussed in the opinion in the Lone Star Gas Co. v. … east of Grand Prairie either in an easterly or westerly direction, and from the defense plants and military and naval establishments eastward the railroad is no factor because it turns north and does not separate the two

In Re Alford Chevrolet-Geo

997 S.W.2d 173 · Texas Supreme Court · Aug 26, 1999

For example, courts may limit discovery pending resolution of threshold issues like venue, jurisdiction, forum non conveniens, and official immunity. See TEX.R. CIV. … Here, Relators failed to show or otherwise explain in their motion to bifurcate *183 that the class and merits issues are clearly separable.